STANDING ORDERS OF THE NATIONAL ASSEMBLY orders final.pdf · STANDING ORDERS OF THE NATIONAL ASSEMBLY…

Download STANDING ORDERS OF THE NATIONAL ASSEMBLY orders final.pdf · STANDING ORDERS OF THE NATIONAL ASSEMBLY…

Post on 20-Jul-2018

212 views

Category:

Documents

0 download

Embed Size (px)

TRANSCRIPT

<ul><li><p> 1 </p><p>STANDING ORDERS </p><p>OF </p><p>THE NATIONAL ASSEMBLY </p><p>OF </p><p>LESOTHO </p></li><li><p> 2 </p><p>NATIONAL ASSEMBLY STANDING ORDERS </p><p>TABLE OF CONTENTS </p><p>CHAPTER I </p><p>INTRODUCTION </p><p>Standing Order: </p><p>1 Interpretation </p><p>2 Oath or Affirmation of Allegiance </p><p>3 Quorum </p><p>4 Absence of Members </p><p>5 Language </p><p>CHAPTER II </p><p>OFFICERS OF THE HOUSE </p><p>6 Election of Speaker </p><p>7 Speaker Takes the Chair </p><p>8 Election of Deputy Speaker </p><p>9 Presiding in the House </p><p>10 Duties of the Clerk and the Clerks Department </p><p>CHAPTER III </p><p>SESSIONS, MEETINGS AND SITTINGS </p><p>11 First Meeting of a New Parliament </p><p>12 First Sitting of a Session </p><p>13 His Majestys Speech and Motion for Address </p><p>14 Meetings </p><p>15 Days of Sitting </p><p>16 Hours of Sitting </p><p>17 Order of Business at a Sitting </p><p>18 Conclusion of a Meeting </p></li><li><p> 3 </p><p>CHAPTER IV </p><p>BUSINESS OF THE HOUSE </p><p>19 Precedence of Public Business </p><p>20 Business for which the Recommendation of the Cabinet is Required </p><p>21 Obituary and Ceremonial Speeches </p><p>22 Presentation of Papers and Tabling of Reports </p><p>23 Nature of Questions </p><p>24 Notice of Questions </p><p>25 Contents of Questions </p><p>26 Asking and Answering of Questions </p><p>27 Questions to the Prime Minister Without Notice </p><p>28 Statements by Ministers </p><p>29 Motions for Adjournment Definite Matter of Urgent Public Importance </p><p>30 Personal Explanations </p><p>31 Matters of Privilege </p><p>CHAPTER V </p><p>MOTIONS </p><p>32 Notice of Motions and Amendments </p><p>33 Manner of Giving Notice of Motions and Amendments </p><p>34 Manner of Debating Motions </p><p>35 Amendments to Motions </p><p>36 Withdrawal of Motions and Amendments </p><p>CHAPTER VI </p><p>RULES OF DEBATE </p><p>37 Manner of Speaking </p><p>38 Interruptions </p><p>39 Occasions when a Member May Speak More Than Once </p><p>40 Time Limit of Speeches </p><p>41 Adjournment of Debate </p><p>42 Closure of Debate </p><p>43 Contents of Speeches </p><p>44 Behaviour of Members not Speaking </p></li><li><p> 4 </p><p>CHAPTER VII </p><p>VOTING </p><p>45 Decision of Questions </p><p>46 Collection of Voices </p><p>47 Divisions </p><p>48 Electronic Voting </p><p>CHAPTER VIII </p><p>RULES OF ORDER </p><p>49 Decision of Chair Final </p><p>50 Order in the House and Committee </p><p>CHAPTER IX </p><p>PROCEDURE ON BILLS </p><p>51 Origination of Government Bills </p><p>52 Origination of Bills by Private Members </p><p>53 Publication and Circulation of Bills </p><p>54 Procedure on Bills in Portfolio Committee </p><p>55 Notice of Second Reading </p><p>56 Second Reading </p><p>57 Committal of Bills </p><p>58 Functions of Committee of the Whole House on Bills </p><p>59 Procedure in Committee of the Whole House on a Bill </p><p>60 Procedure on Reporting of Bills </p><p>61 Motion of Recommittal of a Bill Reported from Committee of the Whole </p><p>House </p><p>62 Proceedings on Recommittal of Bill Reported from Committee of the </p><p>Whole House </p><p>63 Third Reading </p><p>64 Procedure on Senate Messages Concerning Bills </p><p>65 Withdrawal of Bills </p><p>66 Bills of the Same Provisions </p></li><li><p> 5 </p><p>CHAPTER X </p><p>FINANCIAL PROCEDURE </p><p>67 Introduction of Annual Budget and Estimates of Revenue and </p><p>Expenditure </p><p>68 Consideration of Budget and Estimates by Committee </p><p>69 Debate on the Budget and Estimates </p><p>70 Allocation of Time in Committee of Supply </p><p>71 Procedure in Committee of Supply </p><p>72 Reports from the Committee of Supply </p><p>73 Annual Appropriation Bill </p><p>74 Supplementary Estimates, Statements of Excess and Adjustment </p><p>Estimates </p><p>75 Supplementary and Final Appropriation Bills </p><p>CHAPTER XI </p><p>PUBLIC PARTICIPATION </p><p>76 Facilitation of Public Participation </p><p>77 Admission of Public </p><p>78 Institutionalised Days </p><p>CHAPTER XII </p><p>PETITIONS </p><p>79 Submission and Referral of Petitions </p><p>CHAPTER XIII </p><p>COMMITTEES </p><p>80 Committee Sittings </p><p>81 Membership of Committees </p><p>82 First Meeting of a Committee </p><p>83 Chairperson of a Committee </p><p>84 Quorum </p><p>85 Decision of Questions in Committees </p><p>86 Venue of Meetings of Committees </p></li><li><p> 6 </p><p>87 Referrals to Committees </p><p>88 Procedure of Committees </p><p>89 Examination of Witnesses by Committees </p><p>90 Premature Publication of Evidence </p><p>91 Report of a Committee </p><p>92 Minority Report </p><p>93 Implication Against a Member </p><p>94 Establishment of Portfolio Committees </p><p>95 Powers and Functions of Portfolio Committees </p><p>96 Meetings of Portfolio Committees </p><p>97 Establishment of Sessional Select Committees </p><p>98 Ad Hoc Committees </p><p>99 Parliamentary Reforms Committee </p><p>CHAPTER XIV </p><p>SUBORDINATE LAW </p><p>100 Tabling of Subordinate Law </p><p>101 Procedure on Subordinate Law in Portfolio Committee </p><p>102 Notice of Motion to Disallow Subordinate Law </p><p>103 Debate on Portfolio Committees Report </p><p>104 Notification of Recommendation from Senate </p><p>CHAPTER XV </p><p>MISCELLANEOUS MATTERS </p><p>105 Resolutions Affecting Ministers </p><p>106 Declaration of Emergency </p><p>107 Personal Pecuniary Interest </p><p>108 Employment of Members in Professional Capacity </p><p>109 Suspension of Standing Orders </p><p>110 Procedure in Case of Doubt </p><p>111 Motion of no Confidence in the Government </p></li><li><p> 7 </p><p>CHAPTER 1 </p><p>INTRODUCTION </p><p>1. Interpretation </p><p>(1) In these Standing Orders, unless the context indicates otherwise, </p><p>Accountable means the accounting by Ministers and officials of </p><p>government ministries and departments, including the reporting </p><p>thereon; </p><p>ATC means the Announcements, Tablings and Committee </p><p>Reports a document of the National Assembly that forms part of </p><p>the House documentation; </p><p>Chairperson, in the case of a Committee of the whole House, </p><p>means the Speaker or any person acting as Chairperson in terms of </p><p>Standing Order No. 9 (Presiding in the House), and in the case of a </p><p>select committee, the Chairperson thereof; </p><p>Clerk means the Clerk to the National Assembly, an acting Clerk </p><p>and includes any other Clerks-at-the Table; </p><p>Committees means Portfolio Committees, Sessional Select </p><p>Committees and Ad Hoc Committees; </p><p>Committee of Supply means the Committee of the whole House </p><p>when considering Estimates of Revenue and Expenditure; </p><p>Compassionate leave means leave granted for the purposes and </p><p>for the periods as determined and adopted by the Business </p><p>Committee as a policy of the National Assembly; </p><p>Constitution means The Constitution of Lesotho of 1993 as </p><p>amended; </p><p>Division means the calling of names when a question is decided; </p><p>Estimates means the estimates of revenue and expenditure for a </p><p>particular financial year and includes supplementary estimates; </p></li><li><p> 8 </p><p>Government business means bills, motions and any other </p><p>business for which Cabinet Ministers are in charge; </p><p>House means the National Assembly of Lesotho; </p><p>Leader of the House means a senior member of the Cabinet </p><p>responsible for arranging government business in the National </p><p>Assembly; </p><p>Majority means 50% plus one of the members constituting a </p><p>quorum in the House, in the case of a sitting, or the members </p><p>constituting a quorum in the case of a Committee; </p><p>Meeting means any sitting or sittings of the House commencing </p><p>when the House first meets after being summoned at any time and </p><p>terminating when the House is adjourned sine die or at the </p><p>conclusion of a session; </p><p>Member means a member of the National Assembly and includes </p><p>a Senator who is a Minister, except where specified or where the </p><p>context otherwise requires; </p><p>Minister means a Minister of the Government of Lesotho and </p><p>includes an Assistant Minister; </p><p>Oversight means demanding accountability regarding the actions </p><p>and conduct of Government Ministries and Departments, receiving </p><p>reports thereon, conducting site inspections where applicable and </p><p>making findings and recommendations; </p><p>Parastatal means a semi-autonomous body as defined in the </p><p>Parliamentary Powers and Privileges Act No. 8 of 1994; </p><p>Petition means a submission or complaint on any public matter </p><p>delivered to the National Assembly; </p><p>Printing means all mechanical and photographic methods of </p><p>producing words in visible form; </p><p>Private Members Business means bills, motions and any other </p><p>business for which members other than Ministers are in charge; </p></li><li><p> 9 </p><p>Privileges means privileges or immunities of the members or the </p><p>House as contemplated in Part 2 of the Parliamentary Powers and </p><p>Privileges Act No. 8 of 1994; </p><p>Public Business means Government business, committee </p><p>business and private members business; </p><p>Serjeant-at-Arms means any person appointed to perform the </p><p>duties and functions of the Serjeant-at-Arms; </p><p>Session means a period commencing when Parliament first </p><p>meets after a general election or prorogation and ending when </p><p>Parliament is next thereafter prorogued or dissolved, without </p><p>having been prorogued; </p><p>Sitting means a period during which the House is sitting </p><p>continuously without having adjournment sine die and includes any </p><p>period during which the House is in committee; </p><p>Speaker means the Speaker of the National Assembly and </p><p>includes any other member of the House presiding for the time </p><p>being in the House in terms of Standing Order No. 9 (Presiding in </p><p>the House); </p><p>Subordinate law means the instruments of subordinate law </p><p>contemplated in section 27A of the Interpretation Act, 1977. </p><p>(2) In calculating a period of a day or days named in these Standing </p><p>Orders account shall be taken of Saturdays but no account shall be taken </p><p>of a Sunday or public holiday unless the House sits on that Sunday or </p><p>public holiday. </p><p>2. Oath or Affirmation of Allegiance </p><p>(1) Except for the purpose of the election of a Speaker at the </p><p>commencement of a new Parliament, a member shall not sit or participate </p><p>in any proceedings of the House or vote until he or she has taken the oath </p><p>or affirmation of allegiance before the House in the form prescribed by </p><p>law. </p><p>(2) A Minister, being a Senator, shall not sit and participate in any </p><p>proceedings of the House until he or she has made and subscribed the </p><p>Oath or Affirmation of Allegiance before the Senate. </p></li><li><p> 10 </p><p>(3) The Clerk of the National Assembly shall inform the Clerk of the </p><p>Senate of the names of members who have taken the oath or affirmation </p><p>of allegiance before the House. </p><p>3. Quorum </p><p>(1) Unless the Constitution provides otherwise, the quorum for a </p><p>sitting of the House or a Committee of the whole House shall be twenty </p><p>five percent (25%) of the total membership of the House. </p><p>(2) If a member objects that a quorum is not present in the House, the Speaker shall direct that members be summoned. All members present </p><p>when taking objection shall remain within the Chamber, and if after ten </p><p>minutes have expired, the Speaker is satisfied that a quorum is not </p><p>present, the Speaker shall adjourn the House without question put. </p><p>(3) (a) If in Committee of the whole House the attention of the </p><p>Chairperson is drawn to the fact that a quorum is not present the </p><p>Chairperson shall direct that members be summoned. All members </p><p>present when taking objection shall remain within the Chamber. If </p><p>after ten minutes have expired the Chairperson is satisfied that a </p><p>quorum is not present the Chairperson shall leave the Chair, the </p><p>House resumes, and the Speaker counts the members in the House. </p><p>(b) If quorum is then present the House shall again resolve itself </p><p>into Committee, but if a quorum is not present the Speaker shall </p><p>adjourn the House without question put; </p><p>(c) If, during a division, it appears from the number of members </p><p>voting or abstaining that a quorum is not present, then- </p><p>(i) the division shall be invalid; and </p><p>(ii) the question on which it was held shall stand over until the next sitting </p><p>4. Absence of Members </p><p> (1) A member shall attend- </p><p>(a) all sittings of the House; </p><p>(b) committee meetings of the National Assembly; and </p></li><li><p> 11 </p><p>(c) official seminars, training sessions, and workshops approved by the Speaker; </p><p>unless leave has been granted or an apology made and accepted in terms </p><p>of paragraphs (2) or (3). </p><p>(2) If a member wishes to be absent from sittings or meetings </p><p>mentioned in paragraph (1) he or she shall obtain leave from the Speaker. </p><p>(3) (a) The Speaker may grant a member leave of absence in </p><p>accordance with the leave policy of the House; </p><p>(b) The Speaker shall inform the Clerk of the leave granted </p><p>under paragraph (3)(a); </p><p>(c) The Clerk shall publish such leave under Announcements </p><p>in the ATC and inform the Chairpersons of Committees in which </p><p>the member serves. </p><p>(4) If a member fails to attend a sitting or meeting mentioned in </p><p>paragraph (1) without obtaining leave from the Speaker, or if he or she </p><p>fails to remain for at least two thirds of the duration of the sitting or </p><p>meeting, he or she shall be punished and an amount determined by the </p><p>Business Committee shall be deducted from his or her sitting allowance </p><p>for each sitting or meeting from which he or she is absent or does not </p><p>remain for at least two thirds of the duration of the meeting. </p><p>(5) A presiding officer of the House, Committee or other meeting </p><p>mentioned in paragraph (1) shall certify the attendance register of every </p><p>meeting, indicating members absent with leave of absence and without </p><p>leave of absence. </p><p>5. Language </p><p>(1) Bills, speeches, petitions and papers shall be presented before the </p><p>House in either English or Sesotho. </p><p>(2) Notices, Order Papers and Minutes of Proceedings shall be in </p><p>either English or Sesotho. </p></li><li><p> 12 </p><p>(3) Proceedings of the House shall not be invalidated, adjourned or </p><p>delayed by reason only of the fact that a translation from English into </p><p>Sesotho or from Sesotho into English has not been provided. </p><p>CHAPTER II </p><p>OFFICERS OF THE HOUSE </p><p>6. Election of Speaker </p><p>(1) Whenever there is a vacancy in the office of the Speaker, whether </p><p>as the result of the dissolution of Parliament or otherwise, the House shall, as </p><p>soon as a quorum is present, proceed to elect a Speaker. </p><p>(2) The procedure for the election of a Speaker shall be as follows: </p><p>(a) The Clerk shall preside over the election of the Speaker; </p><p>(b) A member who wishes to propose a person for election as Speaker shall ascertain whether that person is willing to </p><p>serve if elected; </p><p>(c) A member shall propose that a person be elected as Speaker and move That (name of the person) do take the Chair of </p><p>this Honourable House. The proposal shall be seconded but </p><p>no debate shall be allowed; </p><p>(d) If only one person is proposed and seconded as Speaker, that person shall be declared to have been elected; </p><p>(e) If more than one person is proposed and seconded, the House shall proceed to elect the Speaker by secret ballot. </p><p>(f) For the purpose of the ballot </p><p>(i) the Clerk shall give to each member present a ballot on which the member may write the name of the </p><p>person for whom he or she wishes to vote; </p><p>(ii) ballot papers shall be folded in such a way that a name written thereon cannot not be seen; </p></li><li><p> 13 </p><p>(iii) the Clerk shall then call the names of all the members of the House and each member present </p><p>when his or her name is called shall come to the </p><p>table and drop the ballot paper into a ballot box; </p><p>(iv) the Clerk shall then count the ballot papers and the result thereof shall be reported to the House. </p><p>(g) If a candidate receives more votes than any other candidate, the Clerk shall declare him elected. </p><p>(h) If two candidates receive the same number of votes and that number of votes exceeds the number of votes received by the </p><p>third candidate, a further ballot shall be taken in the manner </p><p>prescribed in sub-paragraphs (i) to (iv) of paragraph (f) but </p><p>votes may be cast only for one or the other of the candidates </p><p>wh...</p></li></ul>

Recommended

View more >